Daljeet Singh v. Govt. Of NCT Of Delhi & ANR.

$~33 & 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI (33)+ CRL.M.C. 2000/2022

(34) CRL.M.C. 2039/2022 DALJEET SINGH ..... Petitioner Through:

Mr.Abhishek Gupta, Adv.

along with petitioner in person.

versus GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr.Shoaib Haider, APP with SI Sunder Singh.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 08.02.2024 1.

These petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking quashing of FIR No.251/2018 registered at Police Station: Nangloi, Outer District, Delhi under Sections 435 of the Indian Penal Code, 1860 (in short, 'IPC') and FIR No.275/2017 registered at Police Station: Nangloi, Outer District, Delhi under Sections 323/354/451/34 of IPC along with all other proceedings arising therefrom, on the basis of settlement.

2.

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner and the respondent no.2. He submits that the parties, that is, petitioner and the respondent no.2 have amicably settled their inter se disputes and have entered into a settlement vide a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Deed of Settlement dated 29.07.2021.

3.

The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the settlement and states that she has settled all the disputes with the petitioner of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR(s) any further and has no objection if the present FIR(s) are quashed.

4.

I have perused the contents of the FIR(s) and also the settlement between the petitioner and the respondent no.2. 5.

Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, that is the petitioner and the respondent no.2, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR(s) as the chances of their success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

6.

Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, Gian Singh v. State of Punjab, (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash both the FIRs and all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom.

7.

Accordingly, the petitions are allowed. FIR No.251/2018 registered at Police Station: Nangloi, Outer District, Delhi under Sections 435 of IPC and FIR No.275/2017 registered at Police Station: Nangloi, Outer District, Delhi under Sections 323/354/451/34 of IPC and all consequential proceedings emanating therefrom are quashed. 8.

The petitions are disposed of in the above terms. NAVIN CHAWLA, J FEBRUARY 8, 2024 RN/AS Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.